J. S. Gabel Lumber Co. v. West

Action to foreclose a mechanic’s lien. The only question in the case is as to whether the plaintiff’s lien or the lien of a mortgagee given to the Occidental Building & Loan Association, defendant, is entitled to priority. The district court found that the plaintiff had the first lien. The Building & Loan Association appeals.

It was admitted at the trial that the first delivery of material under plaintiff’s lien was upon November 30, 1909. It is also admitted “that the mortgage of the Occidental Building & Loan Association vVas delivered to it upon the day of its execution.” The note and…